Baber v. Desert Sun Motors
New Mexico Court of Appeals
1Opinion of the Court
OPINION
SUTIN, Chief Judge.
{1} In this case, we are asked to determine whether the Workers’ Compensation Judge (WCJ) erred by dismissing this case as moot without entering a compensation order. We conclude that the WCJ did err because a compensation order is the proper mechanism by which to determine the issue of whether fees should be shifted under NMSA 1978, § 52-l-54(F) (2003). We therefore reverse the WCJ’s dismissal and remand for further proceedings.
BACKGROUND
{2} Worker William David Baber, employed by Desert Sun Motors (Employer), injured his spine at work on December 26, 2002, which…
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